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ERIE INS. EXCHANGE v. JOHNSON

2021-SC-0312-DG.

647 S.W.3d 198 (2022)

ERIE INSURANCE EXCHANGE, Appellant v. Megan JOHNSON and Terri Reed, Appellees.

Supreme Court of Kentucky.

June 16, 2022.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT, ERIE INSURANCE EXCHANGE: Mark A. Osbourn , John Marr Bush , Bush & Osbourn PLLC.

COUNSEL FOR APPELLEES, MEGAN JOHNSON AND TERRI REED: Michael Shane Hall , Kolbe Aaron Page , Pikeville.

COUNSEL FOR AMICUS, INSURANCE INSTITUTE OF KENTUCKY: Susan L. Maines , Lexington.

COUNSEL FOR AMICUS, KENTUCKY DEFENSE COUNSEL, INC.: Ryan Daniel Nafziger , Phillips Parker Orberson & Arnett, PLC.

COUNSEL FOR AMICUS, KENTUCKY HOSPITAL ASSOCIATION: Kimberly Goetz DeSimone , Barnett, Benvenuti & Butler PLLC.

COUNSEL FOR AMICUS, KENTUCKY JUSTICE ASSOCIATION: Damon Blake Willis , Louisville.

OPINION AND ORDER OF THE COURT

Erie Insurance Exchange appeals the decision of the Court of Appeals affirming the summary judgment and fees ordered by the trial court in favor of appellees Megan Johnson and Terri Reed's right to direct payment of basic reparation benefits within an element of loss under Kentucky's Motor Vehicle Reparations Act (MVRA). For the reasons stated below, we vacate and dismiss for lack of subject matter jurisdiction.

I. BACKGROUND...

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